The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003

{
    "id": 16779,
    "slug": "gujarat-electricity-industry-reorganisation-and-regulation-act-2003",
    "title": "The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003",
    "short_title": "The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003",
    "act_number": "Gujarat Act No. 24 of 2003",
    "act_year": 2003,
    "act_type": "STATE",
    "location": "Gujarat",
    "law_status": "unknown",
    "enactment_date": null,
    "description": "The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"Advisory Committee\" means a committee constituted under Section 41;\n(b) \"Central Act\" means the Electricity Regulatory Commission Act, 1998 (14 of 1998);\n(c) \"Central Commission\" means the Central Electricity Regulatory Commission established under sub-section (1) of Section 3 of the Central Act;\n(d) \"Chairperson\" means the Chairperson of the Commission;\n(e) \"Commission\" means the Gujarat Electricity Regulatory Commission established or deemed to be established under Section 3;\n(f) \"electricity industry\" means business or activities of generation, transmission, distribution or supply of electricity, the operation of power system and activities and matters connected thereto;\n(g) \"High Court\" means the High Court of Gujarat;\n(h) \"Licence\" means a licence granted under Section 20 or deemed to be granted under Section 19;\n(i) \"Licensee\" means a person holding a licence;\n(j) \"Local authority\" means a municipal corporation, nagar panchayat, municipal council, district panchayat, taluka panchayat, notified area committee or Cantonment Board constituted under the relevant local authority law;\n(k) \"Member\" means a member of the Commission and includes the Chairperson;\n(l) \"prescribed\" means prescribed by rules;\n(m) \"regulations\" means regulations made under this Act;\n(n) \"relevant local authority law\" means-\n(i) in relation to a City, the Bombay Provincial Municipal Corporation Act, 1949 (Bombay LIX of 1949);\n(ii) in relation to a municipal borough, transitional area, smaller urban area and notified area, the Gujarat Municipalities Act, 1963 (Gujarat 34 of 1964);\n(iii) in relation to a taluka and district, the Gujarat Panchayats Act. 1993 (Gujarat 18 of 1964);\n(iv) in relation to a cantonment, the Cantonments Act, 1924 (2 of 1924);\n(o) \"rules\" means rules made under this Act;\n(p) \"Selection Committee\" means the Selection Committee constituted under Section 6;\n(q) \"undertaking\" means an unit engaged in generation, transmission, distribution or supply of electricity or in any other activity connected with the operation of power system in the State;\n(r) words and expressions used but not defined in this Act and defined in the Central Act shall have the meaning respectively assigned to them in that Act;\n(s) words and expressions used but not defined either in this Act or in the Central Act and defined in the Indian Electricity Act, 1910 (9 of 1910), or in the Electricity (Supply) Act, 1948 (54 of 1948) shall have the meaning respectively assigned to them in those Acts.\nChapter II\nEstablishment and Constitution of Commission",
            "footnote": "",
            "is_definition": true,
            "sort_order": 1
        },
        {
            "number": "3",
            "title": "3. Establishment and incorporation of Commission.",
            "chapter": null,
            "content": "(b) The Chairperson and member of the said Commission holding office immediately before the said date, shall respectively be the Chairperson and members of the first Commission;\n(c) the Chairperson and the members of the first Commission shall hold office for the period for which they would have held office under the Central Act subject, however, to the provisions relating to disqualification, resignation, removal and vacancy in this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "4. Headquarters of Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "5",
            "title": "5. Constitution of Commission.",
            "chapter": null,
            "content": "(a) one shall be a person who has special knowledge and professional experience in the field of engineering related to generation, transmission, distribution or supply of electricity;\n(b) the other two shall be person who have special knowledge and professional experience in the field of finance, commerce, economics, regulation of industry, law or management.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "6",
            "title": "6. Constitution of Selection Committee and its functions.",
            "chapter": null,
            "content": "(a) a Judge of the High Court designated by the Chief Justice to be the Chairperson ex-officio ;\n(b) the Chief Secretary to the Government of Gujarat ex-officio ;\n(c) the Chairman of the Authority or a member thereof nominated by the Chairman ex-officio ;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "7",
            "title": "7. Term of office and conditions of members.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "8",
            "title": "8. Oath of office and secrecy.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "9",
            "title": "9. Disqualifications.",
            "chapter": null,
            "content": "(a) he is a member of the Parliament or of any State Legislature or any local authority; or\n(b) he is a member of a political party;\n(c) he is, or at any time, has been adjudged an insolvent or he has suspended payment of his debts or has compounded with his creditors;\n(d) he is of unsound mind and stands so declared by a competent court;\n(e) he is or has been convicted of any offence which in the opinion of the State Government, involves moral turpitude;\n(f) he has either directly or indirectly any financial or other interest which is likely to affect prejudicially his functioing as a member;\n(g) he has either directly or indirectly any financial or other interest in-\n(i) generation, transmission, distribution or supply of electricity,\n(ii) manufacture, sale or supply of any fuel of generation of electricity,\n(iii) manufacture of, or any dealings in plant and machinery equipments, apparatus or fittings for the matter specified in sub-clause (i), or\n(iv) any body which provides professional services in relation to matters specified in the aforesaid sub-clauses.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "10",
            "title": "10. Removal and resignation of member.",
            "chapter": null,
            "content": "(a) is or has become subject to any of the disqualifications mentioned in Section 9,\n(b) has been guilty of misconduct in discharge of his duties,\n(c) has become physically or mentally incapable of discharging his duties as a member,\n(d) has so abused his position as to render his continuance in office prejudicial to public interest, or\n(e) has without reasonable cause refused or failed to perform his duties for a period of not less than three months:\n(i) on the ground specified in clause (f) or (g) of Section 9 or clause (b), (c), (d) or (e) of this sub-section unless the High Court on a reference made to it in this behalf by the State Government has on an inquiry reported that the member is liable to be removed on such ground;\n(ii) on any ground specified in clauses (a) to (e) of Section 9, unless an opportunity of being heard is given to the member.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "11",
            "title": "11. Prohibition of appearance before Commission, etc. on ceasing to be a member.",
            "chapter": null,
            "content": "(a) be entitled to appear in any proceedings before the Commission as a representative of any person for a period of three years from the date of such cesser;\n(b) acquire either directly or indirectly any financial or other interest of the nature specified in clause (g) of Section 9 for a period of two years from the date of such cesser;\n(c) be appointed directly or indirectly in the service of the State Government or any company body corporate, institution or undertaking owned or controlled by the State Government or any electricity industry in the State or in any subsidiary or associated company or firm of such electricity industry for a period of two years from the date of such cesser.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "12",
            "title": "12. Proceedings of Commission.",
            "chapter": null,
            "content": "(b) All questions at a meeting of the Commission shall be decided by a majority of votes.\n(a) Where a matter is required to be decided by the Commission urgently, the Chairperson may, instead of bringing the matter for discussion at a meeting of the Commission, direct that it may be circulated to the members for opinion and if all the members are unanimous and the Chairperson thinks that a discussion at a meeting of the Commission is not necessary, the matter shall be decided without such discussion.\n(b) If the members are not unanimous or if the Chairperson thinks that a discussion at meeting is necessary, the matter shall be discussed at a meeting of the Commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "13. Officers and employees of Commission.",
            "chapter": null,
            "content": "(a) with the approval of the State Government determine the number and category of officers and employees and\n(b) appoint Secretary, officers and other employees having regard to the number and category of officers and employees determine under clause (a).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "14",
            "title": "14. Consultants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "15",
            "title": "15. Funding of expenses of Commission.",
            "chapter": null,
            "content": "(a) the extent of such fees and charges to be levied by the Commission shall be consistent with the budget submitted by the Commission under Section 46; and\n(b) to the extent of the amount available to the Commission from such fees and charges there shall be no charge on the Consolidated Fund of the State.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "16",
            "title": "16. Acts and proceedings presumed to be valid.",
            "chapter": null,
            "content": "Chapter III\nFunctions and Powers of Commission",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "17",
            "title": "17. Functions of Commission.",
            "chapter": null,
            "content": "(a) to regulate purchase, transmission, distribution, supply and utilisation of electricity the quality of service and the tariff and charges payable for the transmission, distribution or supply of electricity having regard to the interest of both the consumers and other persons availing the services and the utilities;\n(b) to regulate the procedure-\n(i) for purchase and procurement of electricity from any source for transmission, sale, distribution and supply thereof in the State; and\n(ii) for the determination of the price for such purchase or procurement;\n(c) to promote efficiency, economy and safety in the use of the electricity in the State;\n(d) to determine the tariff for electricity; wholesale, bulk, grid or retail in accordance with the provisions of this Act;\n(e) to determine the tariff payable for the use of the intra-State transmission facilities in accordance with the provisions of this Act;\n(f) to issue licences in accordance with the provisions of this Act and determine the conditions to be included in the licences;\n(g) to levy fees, charges and fines in accordance with the provisions of this Act and retain the same for its expenses;\n(h) to regulate the working of the licensees and to enable that the working of licensees is efficient, economical and equitable;\n(i) to require licensees to formulate prospective plans and schemes in co- ordination with the other persons for the promotion of generation, transmission, distribution, supply and use of electricity;\n(j) to require the licensees to collect data and forecast the demand for use of electricity;\n(k) to set and enforce standards for the electricity industry in the State including standards relating to safety, quality continuity and reliability of service;\n(l) to promote competitiveness in the electricity industry in the State;\n(m) to formulate standards, codes and practices for operation of the State Grid and the power system;\n(n) to promote efficient utilisation and conservation of electricity, reduction of wastes and losses in the use of electricity;\n(o) to give such advice to the State Government as the Commission deems appropriate, on matters concerning generation, transmission, distribution, supply and utilisation of electricity in the State;\n(p) to refer if the Commission deems appropriate, matters to other agencies and bodies dealing with consumer disputes, restrictive and unfair trade practices and management and administration of the affairs of the licensees;\n(q) to adjudicate upon the disputes and differences between the licensees and to refer matters for arbitration if considered necessary in accordance with the provisions of this Act; and\n(r) to undertake all incidental or ancillary functions that the Commission may consider appropriate.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "18",
            "title": "18. Powers of Commission.",
            "chapter": null,
            "content": "(a) summoning and enforcing the attendance of any witness and examining him on oath;\n(b) requiring the discovery and production of any document or other material object producible as evidence;\n(c) receiving of evidence on affidavits;\n(d) requisitioning of any public record or a copy thereof from any court or office;\n(e) issuing commissions for examination of witnesses or documents;\n(f) review of its decision, directions and orders; and\n(g) any other matter which may be specified by the Commission by regulations.\n(a) to produce before or to allow examination by an officer specified in the said order such books, accounts or other documents in the custody or control of that person relating to any matter concerning the transmission, distribution, supply or use of electricity as may be specified in the order, and\n(b) to furnish to the officer specified in the order such information in his possession, power or control as may be specified in the order.\nChapter IV\nLicensing of Transmission and Supply of Electricity",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "19",
            "title": "19. Prohibition against business of transmission, distribution or supply of electricity.",
            "chapter": null,
            "content": "(a) the Board constituted under Section 5 of the Electricity (Supply) Act, 1948 (54 of 1948),\n(b) a Government company or a body corporate owned or controlled by the State Government to which undertakings vested in the State alongwith functions, duties, powers and obligations are transferred under subsection (3) of Section 28 by schemes published in the Official Gazette , hereunder;\n(c) under a licence granted under Section 20 or exemption granted by the Commission under Section 26 or under a sanction granted by the State Government under Section 27,\n(d) under a licence granted by the State Government under Section 3 of the Indian Electricity Act, 1910 (9 of 1910) before the commencement of this Act or under sanction given by the Government under Section 28 of that Act before such commencement so long as such licence or sanction is subsisting:\n(i) be deemed to be licensees or exemption holders under this Act on the terms and conditions on which the licence or sanction has been granted;\n(ii) the provisions of this Act applicable to a licences shall mutatis mutandis apply to such deemed licensees or exemption holders; and\n(iii) the licence or sanction granted to the deemed licensees or exemption holders shall be subject to such modification as the Commission may make consistent with the objective and purpose of the Act.\n(a) if grant of such licence is likely to adversely affect the operation of the power system or organised development of electricity industry or is not in public interest or in the interest of the consumers in the specified area of distribution or supply, or\n(b) unless the generating company undertakes to charge such tariff to the consumers in a specified area of distribution or supply of an existing licensee as is equal to or less than the tariff charged by such licensee in such area.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "20",
            "title": "20. Grant of licence.",
            "chapter": null,
            "content": "(a) to transmit electricity in a specified area of transmission; or\n(b) to distribute electricity in a specified area of distribution; or\n(c) to supply electricity in a specified area of supply; or\n(d) to supply electricity in bulk to any other licensee; or\n(e) to engage in one or more of the activities mentioned in clauses (a) to (d);\n(ii) the notice of his application shall be published within such time in such manner and containing such particulars as the Commission may specify by regulations.\n(b) The Commission shall not grant a licence until,-\n(i) all objections and suggestions received by the Commission with reference to the application have been considered by the Commissioner:\n(ii) in the case of any application for a licence for an area including the whole or any part of any cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Central Government for defence purposes the Commission has ascertained that there is no objection from the Central Government to the grant of the licence.\n(c) Where an objection is received from any local authority concerned the Commission shall if in its opinion the objection is untenable record the opinion in writing and communicate it to such local authority alongwith reasons therefor.\n(i) the specified area of transmission, or\n(ii) the specified area of distribution, or\n(iii) the specified area of supply, or\n(iv) other licensee or person to whom electricity may be supplied in bulk, and\n(v) such terms and conditions including those relating to transmission or distribution or supply as may be specified by regulations.\n(b) The Commission may specify by regulations the conditions to be included in a licence requiring a licensee to-\n(i) enter into an agreement with another person permitting such person to use electric lines electrical plant and associated equipment operated by the licensee;\n(ii) furnish information and documents which the Commission may require for its purpose;\n(iii) inform the Commission of any scheme permitted by the licence which the license proposes to undertake;\n(iv) undertake such functions and obligations of the Board under the Indian Electricity Act, 1910 (9 of 1910) and the Electricity (Supply) Act, 1948 (54 of 1948) as the Commission may specify by regulations;\n(v) refer a dispute arising under the licence for determination by the Commission or by an arbitrator appointed by the Commission;\n(vi) supply electricity in bulk to other licensees or exemption holder or sanction holder in the State or to any person outside the State;\n(vii) comply with any direction given by the Commission; and\n(viii) act in accordance with the terms and conditions of the licence.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "21",
            "title": "21. Powers of licensee.",
            "chapter": null,
            "content": "(i) any person neglects to pay any charge for electricity or any sum other than a charge for electricity due from him to the Board, or a licensee (hereinafter in this sub-section referred to as \"the licensee) in respect of the supply of electricity to him, and\n(ii) the Board or the licensee to whom such charge or other sum is due by a Government.\n(b) For the purpose of effecting recovery of the charge or sum or both the charge and sum due from a person under Clause (a) as the arrears of land revenue, such officer as may be appointed by the State Government in this behalf by notification in the Official Gazette , shall have and exercise all the powers and perform all the duties of the Collector under the Bombay Land Revenue Code, 1879 (Bombay V of 1879).\n(c) No suit or other legal proceeding shall lie in any civil court against the recovery of charge or other sum due as arrears of land revenue unless the person from whom such charge or sum is due deposits the amount of such charge or sum with the Board or the licensee:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "22",
            "title": "22. Amendment of licence.",
            "chapter": null,
            "content": "(a) the licensee shall invite objections from interested persons by publishing a notice of the application in such manner and with such particulars as the commission may specify by regulations ;\n(b) the Commission shall not make any amendment until all objections received by it with reference to the application within one month from the date of the first publication of the notice have been considered ;\n(c) in the use of an application proposing an amendment in an area of supply or distribution comprising the whole or any part of the cantonment, aerodrome, fortress, arsenal, dockyard or camp or of any building or place in the occupation of the Central Government for defence purpose, the Commission shall not make the amendment except with the consent of the Central Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "23",
            "title": "23. Revocation of licence.",
            "chapter": null,
            "content": "(a) upon receiving a complaint relating to the functioning of the licensee from a consumer or association of consumers; or\n(b) upon a reference made to it by the State Government, Central Government, the Central Commission, Central Electricity Authority or any other Authority; or\n(c) on its own motion.\n(a) where the licensee, in the opinion of the Commission, has committed a wilful or unreasonably prolonged default in doing anything required by or under this Act or regulations;\n(b) where the licensee commits a breach of any of the terms and conditions of the licence, the breach of which is expressly declared by such licence to render it liable to revocation;\n(c) where the licensee fails within the period specified in the licence or any longer period that the Commission may, by order, allow-\n(i) to show, to the satisfaction of the Commission, that he is in a position to discharge the duties and obligations imposed on him by the licence; and\n(ii) to make deposit or furnish the security required by the licence;\n(d) where in the opinion of the Commission the financial position of the licensee is such that the licensee is unable to discharge the duties and obligations imposed on him; and\n(e) where the licensee, in the opinion of the Commission has made default in complying with a direction given by the Commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "24. Provisions where licence is revoked.",
            "chapter": null,
            "content": "(a) The Commission shall serve a notice of revocation upon the licensee and shall fix a date on which the revocation shall take effect and on and with effect from that date or on and with effect from an earlier date, on which the undertaking of the licensee is sold to a purchaser in pursuance of clause (c) or is delivered to a designated purchaser in pursuance of subsection (3), all the rights, duties, obligations and liabilities of the licensee under this Act shall cease and determine.\n(b) The Commission shall invite applications for purchase of the undertaking of the licensee whose licence is revoked and determine the price and other terms and conditions of the sale of the undertaking in consultation with the licensee and the person whose application has been accepted.\n(c) The Commission may by notice in writing require the licensee to sell, and thereupon the licensee shall sell the undertaking to the person whose application has been accepted by the Commission (hereinafter in this section referred to as \"the purchaser\").\n(i) by an order published in the Official Gazette , authorise any person or body of persons to take over the management of the undertaking of a licensee for such period not exceeding five years from the date of revocation as may be specified in the order,\n(ii) endeavour to sell the undertaking during the aforesaid period.\n(b) On the issue of the order authorising the taking over of the management of the undertaking-\n(i) all persons in-charge of the management immediately before the issue of the order shall be deemed to have vacated their offices; and\n(ii) the person or body of persons authorised to take over (hereinafter in this section referred to as \"the authorised person or body\") shall take all such steps as may be necessary to take into his or their custody or control all the necessary to take into his or their custody or control all the property, effects and actionable claims to which the undertaking is or appears to be entitled and all the property and effects of the undertaking shall be deemed to be in the custody of the person or, as the case may be, body of persons as from the date of the order;\n(iii) where the undertaking of a licensee is a company, the persons authorised to take over the management of the undertaking shall, for all purposes, be the directors of the undertaking duly constituted under the Companies Act, 1956 (1 of 1956) and shall alone be entitled to exercise the powers of the directors of the undertaking whether such powers are derived from the said Act or the Memorandum or Articles of Association of the undertaking or from any other source;\n(iv) subject to the control of the Commission, the authorised person or body shall take such steps as may be necessary for the purpose of effectively managing the business of the undertaking and shall exercise such other powers and have such other duties as may be specified by the Commission;\n(v) the authorised person or body shall, notwithstanding anything contained in the Memorandum or Articles of Association of the licensee, exercise his or their functions in accordance with such directions as may be given by the Commission.\n(c) Where the undertaking of the licensee is sold within the period specified in the order issued under sub-clause (i) of clause (a), the order shall be deemed to have been rescinded from the date of sale.\n(d) Where the undertaking of the licensee is not sold within the period specified in clause (a), the undertaking shall vest in the State Government free from all encumbrances.\n(e) Where as undertaking of the licensee vests in the State Government under clause (d), there shall be paid to the licensee such value as may be determined by the State Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "25",
            "title": "25. Restrictions on licences.",
            "chapter": null,
            "content": "(a) the holder of a licence for supply of electricity which permits the holder to supply electricity to other licensees for distribution or supply by them; and\n(b) any supplier for electricity in accordance with the regulations of the Commission governing the power purchase and procurement process.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "26. Exemption from the requirement to have a license.",
            "chapter": null,
            "content": "(a) except with the consent of the Central Government, in any case where electricity is to be transmitted, distributed or supplied in any area forming part of any cantonment, aerodrome, fortress, arsenal, or camp or any building or place in the occupation of the Central Government for defence purpose;\n(b) in any area falling within the area of transmission, distribution or supply, without giving an opportunity of hearing to the licensee of such area.\n(a) to persons of a particular category; or\n(b) to a particular person; or\n(c) for a particular period.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "27",
            "title": "27. Sanction by State Government in case of emergency.",
            "chapter": null,
            "content": "Chapter V\nReorganisation of Government Electricity Industry",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "28",
            "title": "28. Reorganisation of Government Electricity Industry.",
            "chapter": null,
            "content": "(a) define the property, interest in property rights and liabilities to be transferred;\n(i) by specifying or describing the property, rights and liabilities in question;\n(ii) by referring to all the property, interest in property, rights and liabilities comprised in a specified part of the undertaking; or\n(iii) partly in the one way and partly in the other;\n(b) provide that any rights or liabilities specified or described in the scheme shall be enforceable by or against the First Transferee or the Second Transferee;\n(c) provide for restructuring or re-organisation of the undertakings, including forming of subsidiaries, joint ventures, mergers and demergers;\n(d) impose on any licensee an obligation to enter into such written agreements with, or execute such other instruments in favour of any other subsequent licensee as may be specified in the scheme; and\n(e) make such supplemental, incidental and consequential provision as it is considered appropriate including provisions specifying the order in which any transfer or transaction will be effective.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "29. Provisions relating to transfer of personnel.",
            "chapter": null,
            "content": "(a) that the terms and conditions of the service in regard to emoluments and other monetary benefits applicable to them in the First Transferee or the Second Transferee shall not in any way be less favourable than those applicable to them immediately before the transfer,\n(b) that the personnel shall have continuity of service in the First Transferee and the Second Transferee; and\n(c) that all benefits of service accrued before the transfer shall be recognized and appropriately provided for to secure the interest of the personnel.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "30",
            "title": "30. Variations of transfer.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "31",
            "title": "31. Furnishing of information regarding establishment of generating stations.",
            "chapter": null,
            "content": "Chapter VI\nTariffs",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "32",
            "title": "32. Tariffs.",
            "chapter": null,
            "content": "(a) that the tariff progressively reflect the cost of supply of electricity at an adequate and improving level of efficiency;\n(b) the factors which would encourage efficiency, economical use of the resources, good performance, optimum investments and other matters which the Commission considers appropriate for the purpose of this Act;\n(c) the electricity generation, transmission, distribution and supply are conducted on commercial principles;\n(d) the interests of the consumers are safeguarded and at the same time the consumers pay for the use of electricity in a reasonable manner;\n(e) the principles and their applications provided in Section 46 and 57 of the Electricity (Supply) Act, 1948 (54 of 1948) and the Sixth Schedule thereto; and\n(f) in the case of the Board the principles under Section 59 of the Electricity (Supply) Act, 1948 (54 of 1948) are observed:\n(a) shall be in a manner that the existing subsidy given to any class or classes of consumer by charging higher tariff from other classes of consumer is progressively reduced to the extent that within a period of five years from the commencement of this Act, the tariff to every class of consumer shall reflect a minimum of sixty-seven per cent of the licensee's average cost of supply of electricity to that class;\n(b) shall be just and reasonable and be such as to promote efficiency in the supply and consumption of electricity; and\n(c) shall satisfy all other relevant provisions of the Act regulations and conditions of licence.\n(a) \"the expected revenue from charge\" means the total revenue which a licensee is expected to recover from charges for the level of forecast supply in any financial year in respect of goods or services supplied to consumers.\n(b) \"Tariff' means a schedule of standard prices for transmission, distribution or supply of electric energy or charges for specified services, which are applicable to all such specified services provided to the type of purchaser or person who avails the service or consumer specified in Tariff.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "33",
            "title": "33. Financial assistance to license by State Government.",
            "chapter": null,
            "content": "(a) Grant of subventions.\n(b) Grant of loans.\n(c) Guarantee of repayment by a licensee of the amount of loan or interest on loan or both the loan and the interest thereon.\nChapter VII\nCommission's Power to Pass Orders and Enforce Decisions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "34",
            "title": "34. Orders for preventing contravention by licences.",
            "chapter": null,
            "content": "(a) the extent to which the contravention or likely contravention by the licensee may affect the purposes of this Act;\n(b) the extent to which any person is likely to sustain loss or damage in consequence of such contravention before a final order is made; and\n(c) whether there is any remedy available to prevent such contravention.\n(i) the contravention that the proposed order is intended to prevent;\n(ii) the acts or omissions which in its opinion constitute such contravention;\n(iii) the facts which in its opinion justify the making of the proposed order;\n(iv) the effects of the proposed order; and\n(v) the period being not less fifteen days from the date of notice within which the licensee may show cause why the proposed order be not made.\n(a) the licensee to whom the notice was given has contravened or is contravening or is likely to contravene any of the provisions of this Act or rules or regulations made thereunder or any condition of licence; and\n(b) the order is necessary for the purpose of preventing such contravention.\n(a) may provide for the taking over of the management of the Licensee's Undertakings and functions and authorizing any person or body of person to manage the affairs and exercise in respect of the whole or any part of the undertaking of the licensee, such functions or control may be specified in the order till further orders of the Commission;\n(b) may require the licensee to do or abstain from doing such things as are specified in the order;\n(c) shall take effect from such date as is specified in the order, and\n(d) shall cease to have effect on such date as is specified in the order unless the order is rescinded earlier:\n(a) serve a copy of the order on the licensee and publish the same in such manner as it deems fit and\n(b) commence proceedings to declare the interim order to be a final order in accordance with Section 35.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "35",
            "title": "35. Final orders for preventing contraventions.",
            "chapter": null,
            "content": "(a) stating that it proposes to make the final order or as the case may be declare the interim order to be a final order,\n(b) setting out the matters referred to in sub-section (3) of Section 334 in respect of the proposed final order; and\n(c) specifying the period being not less than thirty days from the date of the notice within which the licensee may show cause why the proposed order may not be made.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "36",
            "title": "36. Power to modify or revoke final order.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "37",
            "title": "37. Enforcement of orders.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "38. Power of Commission to assume management or control of undertaking of a license in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "39",
            "title": "39. Fines and charges.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "40",
            "title": "40. Co-operation of police.",
            "chapter": null,
            "content": "Chapter VIII\nAdvisory Committee Standards of Performance and Disclosure of Information by Licensees",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "41",
            "title": "41. Advisory Committee.",
            "chapter": null,
            "content": "(b) The constitution of the Advisory Committee shall be as follows:-\n(i) The Chairperson and members of the Commission shall be the Chairperson and members of the Committee, ex-officio .\n(ii) Other members of the Committee shall be appointed by the Commission from amongst persons who are interested in the electricity industry in the State.\n(a) on questions of policy relating to electricity industry, and\n(b) on any matter including the matter relating to quality, continuity and extent of the service of transmission distribution or supply of electricity provided by a licensee or compliance of terms and conditions of licence by him which the Commission may refer to it for the advice.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "42",
            "title": "42. Performance of standards of supply of electricity.",
            "chapter": null,
            "content": "(a) lay down-\n(i) such standards of overall performance in connection with the transmission, distribution or supply of electricity as in its opinion is necessary for the licensee to achieves,\n(ii) such standards in connection with efficient use of electricity by consumers as in its opinion are necessary:\n(i) Central Electricity Authority constituted under the Electricity (Supply) Act, 1948 (54 of 1948),\n(ii) Bureau of Indian Standards established under the Bureau of Indian Standards Act, 1986 (63 of 1986),\n(iii) Central Electricity Regulatory Commission established under the Electricity Regulatory Commissions Act, 1998 (14 of 1998),\n(b) specify power system operation standards and codes including grid codes and distribution and supply codes to be complied with by licensees,\n(c) specify safety regulations in the use of electricity and for operation of the power system.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "43",
            "title": "43. Information of standards of performance.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "44. Information with respect to level of performances.",
            "chapter": null,
            "content": "(a) the fines or penalties levied on licensees under this Act,\n(b) the levels of performance achieved by such licensees in connection with the transmission, distribution and supply of electricity; and\n(c) the levels of performance achieved by such licensees in connection with the efficient use of electricity by consumers.\n(a) the number of cases in which penalties are levied and the aggregate value thereof, and\n(b) such information regarding the level of performance achieved by a licensee as required by the direction.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "45",
            "title": "45. Restriction on disclosure of information.",
            "chapter": null,
            "content": "(a) is obtained by the Commission by or under this Act, and\n(b) is confidential in nature,\n(a) in any suit, prosecution or other legal proceeding,\n(b) for the purposes of the State,\n(c) before any authority established by law, or\n(d) in public interest, or\n(e) in the annual report referred to in Section 48.\nChapter IX\nAccounts, Audit and Reports",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "46",
            "title": "46. Budget of Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "47",
            "title": "47. Accounts and audit of Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "48",
            "title": "48. Annual report of Commission.",
            "chapter": null,
            "content": "Chapter X\nArbitration and Appeals",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "49",
            "title": "49. Arbitration by Commission.",
            "chapter": null,
            "content": "(b) The Commission may proceed to act as an arbitrator or nominate an arbitrator to adjudicate and settle such dispute.\n(c) The practice and procedure to be followed in connection with any adjudication and settlement under this section shall be such as may be specified by the Commission by regulations.\n(a) confirming and enforcing the award ;\n(b) setting aside or modifying the award ; or\n(c) remitting the award to the arbitrator for reconsideration.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "50",
            "title": "50. Appeals against the order of the Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "51. Finality of decision of Commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "52",
            "title": "52. Bar of jurisdiction of civil court.",
            "chapter": null,
            "content": "Chapter XI\nOffence and Penalties",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "19",
            "title": "53. Penalty for contravention of section 19.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "54",
            "title": "54. General penalty.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "55",
            "title": "55. Offences by companies.",
            "chapter": null,
            "content": "(a) \"company\" means a body corporate and includes a firm or other association of individuals ; and\n(b) \"director\" in relation to a firm, means a partner in the firm",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "56",
            "title": "56. Cognizance of offences.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "57",
            "title": "57. Compounding of offences.",
            "chapter": null,
            "content": "(i) five lakh rupees, where the offence charged is under Section 53, and\n(ii) two lakh rupees, where the offence charged is under Section 54.\nChapter XII\nMiscellaneous",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "58. Recovery of fines, charges, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "59",
            "title": "59. Application of fine.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        },
        {
            "number": "60",
            "title": "60. Proceedings before commission.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 59
        },
        {
            "number": "61",
            "title": "61. Members, officers and servants of the Commission and members of Selection Committee to be public servants.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "62",
            "title": "62. Protection of action taken in good faith.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 61
        },
        {
            "number": "63",
            "title": "63. Power of the State Government to give directions.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 62
        },
        {
            "number": "64",
            "title": "64. Power of State Government to make rules.",
            "chapter": null,
            "content": "(a) the salaries and allowances payable to and other conditions of service of members of Commission under sub-section (4) of Section 7;\n(b) the form and manner in which and the authority before whom the oath of office and secrecy shall be subscribed by the Chairperson and members under Section 8;\n(c) the period of notice of resignation to be given in writing under sub-section (3) of Section 10;\n(d) the form of application for grant of sanction to engage in the business or activity of transmission, distribution or supply of electricity and the fees to be paid thereof under Section 27;\n(e) the form and manner in which the information relating to establishment, acquisition, extension, or replacement of a generating station is to be furnished to the State Government under Section 31;\n(f) the form in which and the time at which the Commission shall prepare its budget under Section 46;\n(g) the form in which annual statement of accounts shall be prepared by the Commission under sub-section (1) of Section 47;\n(h) the form in which and the time at which the Commission shall prepare the annual report under sub-section (1) of Section 48;\n(i) the value of court fee stamp which an appeal shall bear under sub-section (5) of Section 50;\n(j) any other matter which is to be, or may be, prescribed under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 63
        },
        {
            "number": "65",
            "title": "65. Power of Commission to make regulations.",
            "chapter": null,
            "content": "(a) the rules of procedure to be followed by the Commission in regard to the transaction of its business at meetings under sub-section (1) of Section 12;\n(b) the manner of recruitment of, the salary and allowances payable to and other conditions of service of the Secretary, officer and other employees of the Commission, under sub-section (2) of Section 13;\n(c) the terms and conditions on which consultants may be appointed under Section 14;\n(d) any other matter in respect of which the Commission shall have the power of a Civil Court;\n(e) the form of application for grant of a licence and fee to be paid therefor, under sub-section (1) of Section 20;\n(f) the time within which, the manner in which and the particulars with which the notice of the application shall be published under sub-clause (ii) of Clause (a) of Section (2) of Section 20 and the period not less than a month before the expiration of which objections if any, received are to be considered under proviso to sub-clause (i) of Clause (b) of sub-section (2) of Section 20;\n(g) the conditions to be included in a licence under clause (b) of sub-section (3) of Section 20;\n(h) function and obligation of the Board under the Electricity Act, 1910 (9 of 1910), and the Electricity (Supply) Act, 1948 (54 of 1948) to be undertaken by a licensee, under sub-clause (iv) of Clause (b) of sub-section (3) of Section 20;\n(i) the manner in which and particular with which notice of application proposing an amendment in the licence is to be published under clause (a) of sub-section (2) of Section 22;\n(j) the manner in which and particulars with which proposed amendments in licence otherwise than on application are to be published under subsection (3) of Section 22;\n(k) governing the power purchase and procurement process under clause (b) of sub-section (3) of Section 25;\n(l) the conditions subject to the compliance of which exemption to any person from the requirement of a licence shall be granted under sub-section (1) of Section 26 and the guidelines under sub-section (3) of the said Section 26, having regard to which exemption shall be granted;\n(m) terms and conditions for fixation of tariff to be charged by the licensee under sub-section (2) of Section 32;\n(n) the time at which and the manner in which the licensee shall provide the Commission the information under sub-section (6) of Section 32;\n(o) imposition of fines and charges under sub-section (1) of Section 39;\n(p) the circumstances in which licensees shall inform consumers of electricity of their rights in relation to supply of electricity and compensation to be paid for delay or default in supplying electricity to consumers on the part of the licensees under Section 43; and (q) the practice and procedure to be followed in connection with adjudication and settlement under clause (c) of Section 43; and",
            "footnote": "",
            "is_definition": false,
            "sort_order": 64
        },
        {
            "number": "66",
            "title": "66. Power to remove difficulties.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 65
        },
        {
            "number": "67",
            "title": "67. Amendment of IX of 1910.",
            "chapter": null,
            "content": "\"(3) Notwithstanding anything to the contrary contained in sub-section (2) or any other provisions of this Act, appeal shall lie from the decision of the electrical inspector appointed by the State Government to the Gujarat Electricity Regulatory Commission referred to in Section 3 of the Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003 (Gujarat 24 of 2003).\"",
            "footnote": "",
            "is_definition": false,
            "sort_order": 66
        },
        {
            "number": "68",
            "title": "68. Amendment of 54 of 1948.",
            "chapter": null,
            "content": "(1) in Section 5-\n(a) for sub-section (2) the following shall be substituted namely.-\n\"(2) The Board shall consist of such number of members not less than three but not more than ten as the State Government from time to time by notification in the Official Gazette specify.\".\n(b) for sub-section (5), the following sub-section shall be substituted, namely.-\n\"(5) The State Government may, from time to time, by notification in the Official Gazette , designate the members of the Board as Chairman, Vice-Chairman, Chief Executive Officer and full time members and prescribe the function to be discharged by such members.\".\n(2) in Section 44-\n(a) for the word \"Board\" wherever it occurs, the word \"Commission\" shall be substituted;\n(b) after sub-section (2A), the following sub-section shall be inserted namely.-\n\"(2B) Where the Commission is of the opinion that the grant of consent under sub-section (1) is likely to adversely affect the operation of the Power System or development of electricity industry in the State or is not in public interest, it may refuse to give consent.\".\nChapter XIII\nEffect on Existing Central Legislation",
            "footnote": "",
            "is_definition": false,
            "sort_order": 67
        },
        {
            "number": "69",
            "title": "69. Effect of Act on IX of 1910 and 54 of 1948.",
            "chapter": null,
            "content": "(b) Notwithstanding that the provisions of the said Central Act referred to in sub-clause (a) have ceased to apply, anything done or any action taken under the provisions which have so ceased to apply shall be deemed to have been done or taken under the corresponding provisions of this Act and accordingly a licence granted under the ceased Section 3 of the said Central Act and subsisting on the date of commencement of this Act shall be deemed to be a licence granted under Section 20 of this Act and shall be valid until substituted, suspended or revoked under the provisions of this Act and sanction given under ceased Section 28 of the said Central Act shall be deemed to be a sanction granted under Section 26 of this Act and shall be valid until the expiry of its period.\n(c) Any reference to a \"licence\" or \"transmission licence\" in the said Central Act shall be construed as a reference to a licence granted or deemed to have been granted under this Act and a reference to \"licensee\" or \"licence holder\" or \"transmission licensee\" or \"transmission licence holder\" in the said Central Act shall be construed accordingly.\n(b) Notwithstanding that the provisions of the said Central Act refereed to in sub-clause (a) have ceased to apply, anything done or any action taken under the provisions which have ceased to apply, shall be deemed to have been done or taken under the corresponding provisions of this Act.\n(c) Any reference to a \"licence\" or \"transmission licence\" in the said Central Act shall be construed as a reference to a licence granted or deemed to have been granted under this Act and a reference to \"licence\" or \"licence holder\", or \"transmission licensee\" or \"transmission licence holder\" in the said Central Act shall be construed accordingly.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 68
        },
        {
            "number": "70",
            "title": "70. Effect of the Act on 14 of 1998.",
            "chapter": null,
            "content": "(i) the Commission established under the ceased provisions and functioning immediately before the date of commencement of this Act (hereinafter called \"the said Commission\") shall be deemed to be the Commission established under sub-section (1) of Section 3,\n(ii) the Chairperson and members of the said Commission holding office immediately before the said date shall respectively be the Chairperson and the members of the Commission,\n(iii) the Chairperson and the members shall hold office as such Chairperson and members for the period for which they would have held office under the said Act subject however to the provisions relating to disqualification, resignation, removal and vacancy provided in this Act,\n(iv) all properties, moveable and immovable and assets vesting in the said Commission shall stand transferred to and vest in the Commission,\n(v) all rights, liabilities and obligations of the said Commission (including those arising under any agreement or contract) shall be deemed to be the rights, liabilities and obligations of the Commission,\n(vi) all sums due to the said Commission shall be recoverable by the Commission, and for the purpose of such recovery, the Commission shall be competent to take such measures which were competent for the said Commission to take subject to all limitation conditions and rights or interest of any person subsisting immediately before the said date,\n(vii) all contracts made with and all instruments executed on behalf of the said Commission shall be deemed to have been made with or by or on behalf of the Commission and shall have effect accordingly,\n(viii) all proceedings and matters pending before the said Commission or any authority of the said Commission under the ceased provisions immediately before the said date shall be deemed to be transferred to the Commission or to such authority as the Commission may direct,\n(ix) in all suits and legal proceedings pending on the said date in or to which the said Commission was a party, the Commission shall be deemed to be substituted thereof,\n(x) all officers and employees of the said Commission shall be the officers and employees of the Commission,\n(xi) any reference to the said Commission in any instrument shall unless a different intention appears to be construed as a reference to the Commission.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 69
        },
        {
            "number": "7",
            "title": "71. Application of section 7 of Bombay I of 1904.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "72",
            "title": "72. Saving.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 71
        }
    ],
    "metadata": {
        "Act ID": "guj046",
        "Act Number": "Gujarat Act No. 24 of 2003",
        "Enactment Date": "",
        "Act Year": "2003",
        "Short Title": "The Gujarat Electricity Industry (Reorganisation and Regulation) Act, 2003",
        "Type": "STATE",
        "Location": "Gujarat"
    },
    "updated_at": "2026-09-29 21:52:47"
}